Loading...
HomeMy WebLinkAboutItem No. 04 Minutes Oct. 13th, 27th, Nov. 10th, 24th, Dec. 8th, 22nd, 2015; Spcl Mtg Dec. 1st, 2015Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 16-347 Agenda Date: 8/23/2016 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 4) Page 1 City of Lake Elsinore Printed on 8/18/2016 City of Lake Elsinore City Council Meeting Minutes Tuesday, October 13, 2015 The meeting was postponed until 6:00 p.m. Call to Order A Regular meeting of the Council of the City of Lake Elsinore was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 6:00 p.m. by Mayor Manos, noting the absence of Council Member Johnson, and recessed at 6:01 p.m. to Closed Session. Closed Session CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Castle & Cooke Lake Elsinore West, Inc. v. City of Lake Elsinore Superior Court Case No. MCC 1301756 Public Comments There was no response to the Mayor’s invitation to speak. Call to Order - 7:00 P.M. A Regular meeting of the Council of the City of Lake Elsinore was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 7:00 p.m. by Mayor Manos. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Manos. Invocation – Moment of Silent Prayer Mayor Manos requested a moment of silence. Roll Call Present: Council Members Hickman and Magee, Mayor Pro Tem Tisdale and Mayor Manos Absent: Council Member Johnson Closed Session Report City Attorney Leibold listed the item discussed in Closed Session and stated there is nothing to report out. Presentations / Ceremonials Alex Tardy from the National Oceanic and Atmospheric Administration (NOAA), presented an update on El Niño forecast. Public Comments – Non-Agendized Items There were no Members of the public appearing to speak. Mayor Manos introduced Susan Domen as the new City Clerk for Lake Elsinore. City Manager Yates commented on the selection process and Ms. Domen thanked the Council for the appointment and noted she is excited to start working with the Council, staff and the community. Council Member Hickman welcomed Ms. Domen. Consent Calendar It was moved by Mayor Pro Tem Tisdale, seconded by Council Member Hickman, and unanimously carried noting the absence of Council Member Johnson, to approve the Consent Calendar. 1) Warrant List dated September 24, 2015 - received and filed. 2) Resolution Appointing Susan Domen as City Clerk and Approving an Employment Agreement – adopted the Resolution. Resolution No. 2015-080: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPOINTING SUSAN DOMEN AS CITY CLERK AND APPROVING AN EMPLOYMENT AGREEMENT 3) Change Order for Professional Services Agreement (PSA) with VCS Environmental for MSHCP, Back Basin and Regulatory Permit Assistance on an On-Call Basis - authorized the City Manager to execute the First Amendment to the PSA with VCS Environmental in an amount not to exceed $30,000. 4) Award Agreement for Contract Services (on-call) Annual Crack Seal and Pothole Repair Maintenance Program, Project No. Z10002 - awarded the contract for On-Call services to NPG, Inc. and All American Asphalt; and, authorized the City Manager to execute the Agreements in an amount not to exceed $55,000 each. Public Hearing 5) Extension of Time for Tentative Tract Map No. 32129 The Public Hearing was opened at 7:17 p.m. by Mayor Manos. Planning Manager McHott presented a Power Point presentation. Ed Sauls, applicant, thanked the Council for the consideration and staff for their assistance. There being no response to the Mayor’s invitation to speak, the Public Hearing was closed at 7:20 p.m. It was moved by Council Member Hickman, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Johnson, to adopt the Resolution. Resolution No. 2015-081: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 32129. Appeal 6) Conditional Use Permit No. 2015-06 - An Appeal of the Planning Commission Approval of a Request by West Coast Wellness for the Proposed Conversion of a Previously Constructed Manufactured Homes Sales Facility to a Private Wellness Center (substance abuse rehabilitation facility) Mayor Manos recused himself from the dais at 7:22 p.m. declaring that he has a conflict as he appealed the Planning Commission’s decision. The Public Hearing was opened at 7:22 p.m. by Mayor Pro Tem Tisdale. Community Development Director Taylor presented a Power Point presentation. Appearing to speak were: Cathy Claud, Allison Wong, and Steve Manos. There being no further response to the Mayor’s invitation to speak, the Public Hearing was closed at 7:43 p.m. Cathy Claud and Director Taylor responded to questions by the Council. It was moved by Council Member Magee, seconded by Council Member Hickman, and unanimously carried noting the absence of Council Member Johnson and Mayor Manos, to deny the Appeal in which case the Planning Commission approval of Conditional Use Permit No. 2015-06 is final with the suggested amendments to Condition No. 6. Mayor Manos returned to the dais at 7:52 p.m. Recess/Reconvene The meeting recessed at 7:52 p.m. to the Successor Agency meeting, and reconvened at 7:53 p.m. noting the absence of Council Member Johnson. Public Comments – Non-Agendized Items There was no response to the Mayor’s invitation to speak. City Manager Comments Introduced Management Analyst Young and welcomed her to the City. Analyst Young commented on her excitement to work at the City and help improve the community. Members of the Council welcomed her. City Attorney Comments City Attorney Leibold welcomed Ms. Domen and Analyst Young. City Council Comments Council Member Hickman noted there has been an influx of homeless; encouraged the citizens to be diligent; he asked City Manager Yates for an update on what is being done. City Manager Yates explained that there has been a review of resources and analyzing areas of concern and a homeless subcommittee will be formed to help address the issue and work with other agencies and resources. Council Member Magee reminded everyone that October 23-25, 2015, is the Lucas Oil Challenge Cup; and, invited everyone to the State of the City Address on Thursday. Mayor Pro Tem Tisdale reported that he attended a table top exercise for El Nino at the County; October 7, 2015, the City held an emergency planning session; welcomed Ms. Domen; thanked staff for all their hard work; and, thanked the residents for attending. Mayor Manos welcomed the Wellness Center to the community; welcomed Ms. Domen and Analyst Young to the City; reminded everyone they can order a brick for the Veteran’s Memorial at Diamond Stadium; announced that the Susan G. Komen Race for the Cure will be on October 18th, October 19th will be the groundbreaking for Whisker’s Beach; and, invited everyone to the State of the City. Adjournment The meeting adjourned at 8:12 p.m. to the next Regular meeting of Tuesday, October 27, 2015, at Cultural Center located at 183 N. Main Street, Lake Elsinore. ____________________________ Brian Tisdale Mayor __________________________ Susan M. Domen, MMC Clerk City of Lake Elsinore City Council Meeting Minutes Tuesday, October 27, 2015 Call to Order A Regular meeting of the Council of the City of Lake Elsinore was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 7:00 p.m. by Mayor Manos. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Manos. Invocation – Moment of Silent Prayer Mayor Manos requested a moment of silence. Roll Call Present: Council Members Hickman and Magee; Mayor Pro Tem Tisdale and Mayor Manos Absent: Council Member Johnson Closed Session Report City Attorney Leibold stated there was no Closed Session. Presentations / Ceremonials Business of the Quarter - Pints & Quarts Gastro Pub - Mayor Manos presented a plaque to Donna and Paul Niehouse. Public Comments – Non-Agendized Items Appearing to speak were: Glenn Copple and Karrie Reuther. Consent Calendar It was moved by Mayor Pro Tem Tisdale, seconded by Council Member Magee, and unanimously carried noting the absence of Council Member Johnson, to approve the Consent Calendar. Item No. 7 was removed from the Consent Calendar and is listed below. 1) Warrant List dated October 15, 2015 - approved. 2) Approval of Final Map 31920-16 - approved Final Map 31920-16 subject to the City Engineer’s acceptance as being true and correct; authorized the City Clerk to sign the map and arrange for the recordation of said map; authorized the City Manager to sign the subdivision agreement in such form as approved by the City Engineer and City Attorney to secure completion of the public improvements. 3) Approval of Final Map 31920-13 - approved Final Map 31920-13 subject to the City Engineer’s acceptance as being true and correct; authorized the City Clerk to sign the map and arrange for the recordation of said map; authorized the City Manager to sign the subdivision agreement in such form as approved by the City Engineer and City Attorney to secure completion of the public improvements. 4) Change Order for Professional Services Agreement with Environmental Science Associates for Preparation of CEQA Compliance Documents for the Walmart Supercenter Project – authorized the City Manager to execute the first amendment to the agreement with Environmental Science Associates in an amount not to exceed $20,000. 5) Award Agreement of Public Works Construction Contract for FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 4 Project No: Z10008-4 – awarded the agreement to Hardy & Harper Inc.; authorized the City Manager to execute the agreement in the amount of $892,795.25; authorized the City Manager to execute change orders not to exceed the amount of $133,919; and, authorized the Public Works Director to record the Notice of Completion once the work is complete and the improvements are accepted in the City’s maintained system. 6) Award of Public Works Construction Contract for FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 5 Project No: Z10008-5 - awarded the agreement to Hardy & Harper Inc.; authorized the City Manager to execute the agreement in the amount of $524,048; authorized the City Manager to execute change orders not to exceed the amount of $78,661; waived the irregularity in the bid submitted; and, authorized the Public Works Director to record the Notice of Completion once the work is complete and the improvements are accepted in the City’s maintained system. 8) Fiscal Year (FY) 2014-15 End of Year Operating Budgets Status Report - General Fund – adopted the Resolutions. Resolution No. 2015-082: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE FY 2014-15 ANNUAL OPERATING BUDGET; Resolution No. 2015-083: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2014-15 AND FY 2015-16 SELECTING THE POPULATION AND INFLATION FACTOR ACCORDINGLY Item Removed from Consent Calendar: 7) Consideration to an Agreement to COA 102 and Agreement for the Construction of Improvements – VTTM 28214, Alberhill Ranch Roy Stevenson, consultant with HR Green, presented a Power Point presentation on the items being built and the items not being built with this project. Appearing to speak were: Sharon Gallina and Paulie Tehrani. Council Member Magee stated that the outstanding bill must be paid; the bonds put in place and the agreement signed all within 30 days. It was moved by Council Member Magee, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Johnson, to approve the finding that the Lake Street/I-15 improvements required by Condition of Approval No. 102 to VTTM 28214 be completed at the 486th Certificate of Occupancy; and authorized the City Manager to execute the agreement with that caveat that the outstanding bill be paid; the bonds put in place and the agreement signed all within 30 days and any deviation would require Council action. Public Hearing 9) Consideration of the Draft Ordinance Amending Title 5, Chapter 5.35 of the Lake Elsinore Municipal Code Regarding Regulation of Unattended Donation Boxes. The Public Hearing was opened at 7:38 p.m. by Mayor Manos. Community Development Director Taylor presented a Power Point presentation and noted that one piece of correspondence had been received from Henry Rogers. Appearing to speak was: Henry Rodgers. The Public Hearing was closed at 7:48 p.m. It was moved by Mayor Pro Tem Tisdale, seconded by Council Member Hickman, to waive further reading and introduce by title only the Ordinance. Prior to the vote, the motion was amended to change the wording from property owner to authorized agent. A substitute motion was made by Council Member Magee, seconded by Mayor Manos; and unanimously carried noting the absence of Council Member Johnson, to waive further reading and introduce by title only the Ordinance, amending property owner to authorized agent and changing the minimum separation to 1000 feet or as modified on a case by case bases by the Community Development Director. Ordinance No. 2015-1345: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5, CHAPTER 5.34, OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF UNATTENDED DONATION BOXES Recess/Reconvene The meeting recessed to the Successor Agency at 7:55 p.m. and reconvened at 7:56 p.m. noting the absence of Council Member Johnson. Public Comments – Non-Agendized Items There were no members of the Public appearing to speak. City Manager Comments City Manager Yates congratulated the Mayor on the State of the City Address; announced that there will be presentation on flood planning at the next Council meeting and on November 5th the California Water Resource Board will be training staff; and, introduced Police Chief Hollingsworth. Chief Hollingsworth introduced the Theft Suppression Team and explained the team works on suppressing theft by closing cases. 10)City Departmental Monthly Reports City Council Comments Council Member Hickman reminded everyone of the time change this weekend; Halloween is this Saturday and encouraged everyone to be safe driving; congratulated the Mayor on the State of the City Address; and, announced that December 5th will be the Elks Club Christmas tree lot. Council Member Magee mentioned that he has been out checking flood control measures and Lake Elsinore is better prepared than other places; he recognized Flood Control Commissioner Hyland for her efforts in keeping the structures clear; met with Canyon Lake Council Member regarding pavement on Railroad Canyon Road and the City along with the City of Menifee has requested them to donate all their transportation funds towards the improvement of the road; announced the Lake Elsinore Grand Prix race sponsored by Lucas Oil; congratulated Chief Hollingsworth and welcomed the Theft Suppression Team; and, thanked the Mayor for his State of the City Address speech. Mayor Pro Tem Tisdale stated the Mayor raised the bar for the State of the City and complimented the entire Council and staff; thanked Chief Hollingsworth and the Theft Response Team; attended the 17th Annual Susan G. Komen Inland Empire Race for the Cure. Mayor Manos noted that Mayor Pro Tem beat him in the race; thanked everyone for the kudos on the State of the City; noted the people of Lake Elsinore have something to be very proud; announced the Whisker's Beach ground breaking was on October 19th; October 22 nd the Memorial Bench and Tree dedication for Nivea Jocobo Velasques; announced that November 1st is the Dia De Los Muertos event; and, spoke regarding the video that was made about the City and thanked everyone who helped put it together. Adjournment The meeting was adjourned at 8:14 p.m. to the Regular meeting of Tuesday, November 10, 2015, to be held at the Cultural Center located at 183 N. Main Street, Lake Elsinore. ____________________________ Brian Tisdale Mayor __________________________ Susan M. Domen, MMC Clerk Page 1 City of Lake Elsinore City Council Regular Meeting Minutes Tuesday, November 10, 2015 Call to Order A Regular meeting of the Council of the City of Lake Elsinore was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 7:00 p.m. by Mayor Manos. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Manos. Invocation – Moment of Silent Prayer Mayor Manos requested a moment of silence. Roll Call Present: Council Members Hickman, Johnson and Magee, Mayor Pro Tem Tisdale and Mayor Manos Absent: None Presentations / Ceremonials Community Development Director Taylor provided a presentation on economic development, the City’s future growth, housing developments, commercial and industrial growth, city-wide projects, and new businesses. Public Comments – Non-Agendized Items Appearing to speak were: Debra Sirotnak, Doug Strosnider, and Carl Rossman. Consent Calendar It was moved by Council Member Johnson, seconded by Council Member Hickman, and unanimously carried, to approve the Consent Calendar. Item No. 4 was removed from the Consent Calendar and is listed below. 1) Warrant List Dated October 29, 2015 – approved. 2) Approval of CDBG Supplemental Agreement for 2015-2016 Program Year – authorized the Mayor to execute the Supplemental Agreement with the County of Riverside for the Use of 2015-2016 Community Development Block Grant Funds. Page 2 3) Amendment No. 4 to Professional Services Agreement (PSA) with Sustainable Civil Engineering Services – authorized the City Manager to execute Amendment No. 4 to the PSA for plan Check and Project Management/Coordination Services, in the amount of $200,000 for a not to exceed three year Contract total amount of $760,000. 5) Purchase of Pre-Engineered Building for Installation of a Restroom Building at Serenity Park – adopted the Resolution; authorized an expenditure of up to $105,689 to purchase a pre-engineering building from the Public Restroom Company; and authorized the City Manager, or his designee, to execute the necessary contract documents. Resolution No. 2015-084: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE NATIONAL PURCHASING COOPERATIVE 6) Agreement with the City of Wildomar and Funding Request for Lost Road Improvements – authorized the City Manager to execute the agreement acknowledging the lien-free completion of the Lost Road Improvements Project; and, authorized payment in the amount of $144,334.53. 7) Extension of Parking Enforcement Services Agreement - Data Ticket Inc. – authorized the City Manager to execute the addendum to the services agreement to provide services relating to the issuance and processing of parking and administrative citations for the three year term ending June 30, 2018. 8) Communication Site Lease Agreement SMSA limited partnership DBA Verizon Wireless Canyon Hills Park, 34360 Canyon Hills Road – authorized the City Manager to execute the agreement for Canyon Hills Park (APN 363-231-015) with Verizon Wireless approving installation and operation of a wireless cellular facility. Item Removed Form Consent 4) Winterfest Approval for Street Closures Community Services Director Skinner provided the Staff Report and an update of Main Street upgrades. It was moved by Council Member Johnson, seconded by Council Member Hickman, and unanimously carried, to approve the street closures for Saturday, December 5, 2015, from 11:00 a.m. to 11:00 p.m. on Main Street, Peck Street, Heald Avenue, Sulphur Street, Chestnut Street, Limited Avenue and Graham Avenue, including some alleyways. Public Hearing(s) 9) Extension of Time for Tentative Tract Map No. 33140 There was no one from the public responding to the Mayor’s invitation to speak on this item. It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried, to continue the Public Hearing to a date uncertain. Prior to the vote, Council Member Magee requested that the staff report include: the original approval date of the map; discussion of the minimum and maximum lot sizes, average overall lot size, park facilities as required under the original Conditions of Approval, and the ultimate extension time period available to the applicant. Page 3 Business Item(s) 10) Second Reading and Adoption of Ordinance No. 2015-1345 Relating to Amending Title 5, Chapter 5.34 of the Lake Elsinore Municipal Code Regarding Regulation of Unattended Donation Boxes Community Development Director Taylor presented the staff report, explaining that the definition “property owner” in the ordinance also includes “authorized agent” and allows the Community Development Director to permit less than 1,000 feet between unattended donation boxes on a case by case basis, under special circumstances. It was moved by Mayor Pro Tem Tisdale, seconded by Council Member Johnson, and unanimously carried, to adopt the Ordinance. ORDINANCE NO. 2015-1345: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5, CHAPTER 5.34 OF THE LAKE ELSINORE MUNICPAL CODE REGARDING REGULATION OF UNATTENDED DONATION BOXES 11) Arts and Culture Ad Hoc Subcommittee Update Community Services Director Skinner and Management Analyst Young provided the staff report, reviewing the potential Busking Program and other projects through the Arts and Culture Ad Hoc Subcommittee. Robin Golden, member of Studio 365, presented the proposed conceptual renderings and site plan of the Artist Detour location. Mayor Manos spoke about the thriving art community in the City and Art and Culture Subcommittee’s short-term and long-term goals and projects. In response to Council Member Magee’s concerns Management Analyst Young stated that staff has engaged law enforcement in the review process of the Busking Ordinance to ensure thorough review. Appearing to speak was: Robin Golden. Recess / Reconvene The meeting was recessed at 8:03 p.m. to the Successor Agency meeting with all Members present. Public Comments – Non-Agendized Items Appearing to speak were: Jennifer Smart and Doug Strosnider. City Manager Comments Fire Chief Newman provided a Power Point presentation regarding the potential El Niño Storm Watch, addressed flood awareness, storm drain backups, mudslides, and property erosion. He reviewed the pre-planning and preparedness in the event of the storm for local agencies. Page 4 City Council Comments Council Member Hickman announced the Veteran’s Day Ceremony at the Lake Elsinore Diamond Stadium and Elsinore High School will retain the Mayor’s football trophy this year; thanked the Planning Commission for their work on the Walmart project; and, announced the Elks’ Club Christmas Tree Lane event on December 5th. Council Member Johnson expressed her gratitude to the Community Services Director, law enforcement and code enforcement team for the tour of the homeless encampments that are located in the City; and stated that she was thankful to staff and colleagues and their mutual respect. Council Member Magee requested that the Public Works Department take a proactive review of the pavement and flooding issues of a vacant lot on Lake Street that Mr. Doug Strosnider addressed; addressed the City’s street sweeper policy and issuance of parking citations after a street has been swept; thanked Lucas Oil, Lake Elsinore Motor Sports Park and Podium Promotions for keeping the Lake Elsinore Grand Prix event alive; thanked staff, Fire Chief Newman, and Police Chief Hollingsworth for their work at special events; requested a ribbon cutting ceremony to acknowledge the partnership with Wildomar on the Lost Road Improvement Project; and asked the public to take a moment to recognize a veteran and thank them on Veteran’s Day. Mayor Pro Tem Tisdale announced the improvement at Serenity Park; reviewed the 5 Preparedness Steps for the El Niño storm; and, recognized the United States Marines’ 240 th Birthday. Mayor Manos announced the Veteran’s Observance Ceremony on November 11th at 9:30 a.m. at the Lake Elsinore Diamond Stadium, Cops for Kids fundraiser on November 19th from 5:00 p.m. to 9:00 p.m. at Chili’s restaurant, the Bubble Run on November 21 st; the Original Christmas Tree Lane beginning November 27th from 9:00 a.m. though 8:00 p.m. at the Lake Elsinore Outlets, the Winterfest event on December 5th from 4:00 p.m. to 9:00 p.m., and Breakfast with Santa on December 12 th at Fire Station No. 85 and December 19 th at Fire Station No. 97; and the Special City Council meeting on December 1st regarding the Walmart project; and, announced the State of the City event will be aired on TV November 11th on Channel 29 and 33. Adjournment The meeting adjourned at 8:39 p.m. in memory of Mary Shimono to the Regular meeting of Tuesday, December 8, 2015, at the Cultural Center located at 183 N. Main Street. The Regular meeting of November 22, 2015, was cancelled due to the holiday. Brian Tisdale…./ Susan M. Domen, MMC Mayor ……….. City Clerk Page 1 City of Lake Elsinore City Council Meeting Minutes Tuesday, November 24, 2015 A Regular meeting of the City Council was not held on this day due to the holiday, and therefore, had a lack of a quorum. ____________________________ Brian Tisdale Mayor __________________________ Susan M. Domen, MMC Clerk City of Lake Elsinore City Council Special Meeting Minutes Tuesday, December 1, 2015 Call to Order A Special meeting of the Council of the City of Lake Elsinore was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 6:15 p.m. by Mayor Manos, noting the absence of Council Member Hickman. There being no response to the Mayor’s invitation to speak the meeting recessed at 6:16 p.m. to Closed Session. City Council Closed Session CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov’t Code Section 54956.9: 2 potential cases Call To Order A Special meeting of the Council of the City of Lake Elsinore was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 7:04 p.m. by Mayor Manos. Pledge Of Allegiance The Pledge of Allegiance was led by Mayor Manos. Invocation – Moment Of Silent Prayer Mayor Manos requested a moment of silence. Roll Call Present: Council Members Johnson and Magee, Mayor Pro Tem Tisdale and Mayor Manos Absent: Council Member Hickman Closed Session Report City Attorney Leibold listed the item discussed in Closed Session and stated there is nothing to report out. Public Comments – Non-Agendized Items There were no members of the public responding to the Mayor’s invitation to speak. Consent Calendar It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to approve the Consent Calendar. Item No. 1 was removed from the Consent Calendar and is listed below. 2) Resolution Authorizing City Manager to enter into certain agreements with the State of California Employment Development Department (EDD) and Development Management Group, Inc. to acquire and appropriately secure payroll records and industry information – adopted the Resolution. Resolution No. 2015-086: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING CERTAIN FINDINGS OF NECESSITY OF INFORMATION FROM THE STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT (EDD) AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS TO ACQUIRE AND APPROPRIATELY SECURE SAID INFORMATION WITH BOTH EDD AND DEVELOPMENT MANAGEMENT GROUP, INC. Item Removed from Consent Calendar 1) Award Public Works’ Construction Agreement to CT&T Concrete Paving Inc. for the Parking Lot and Sidewalk Construction of Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004). Administrative Services Director Simpson provided the Staff Report explaining the protest letter received from Hamel construction. It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to award the agreement to CT&T Concrete Paving Inc. for the Parking Lot and Sidewalk Construction of Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004); and, authorize the City Manager to execute the Agreement in an amount not to exceed $485,485.00 with CT&T Concrete Paving Inc. Public Hearing 3) Commercial Design Review No. 2013-08, Conditional Use Permit No. 2013-06, Conditional Use Permit No. 2013-07, Conditional Use Permit No. 2013-08, Conditional Use Permit No. 2013-09 and Environmental Impact Report (SCH# 2014051093) - A Proposed Development of a 17.66-Acre Site Located at the Southwest Corner of Central Avenue (State Route 74) and Cambern Avenue with an Approximately 154,487 Square-Foot Walmart Supercenter, Including a 3,090 Square-Foot Seasonal Outdoor Garden Center, With Additional Conditional Use Permits for Development of Three Outlots Fronting Central Avenue The Public Hearing was opened at 7:11 p.m. by Mayor Manos. Planning Manager MacHott and Michael Bracken, Economic Development Consultant, provided a Power Point presentation reviewing the project, the environmental impact report and the proposed Conditional Use Permits. Appearing to speak were: Linda Davis, Robert Sherfey, Ms. Miller, Kim Cousins, Dee Baulk, Margaret Williams, Irma Moller, Paul Suter, Linda Cooley, Laura Chacon, Teddie Penewell, Armando Guillen, Eleanor Roberts, Annette Peron, Candance Lace, Ayman Mika, Dick Knapp, Ace Vallejos, Mary Venerable, Art Perry, Johnathon Shardlow, Deborah Daily, Joe Meyer, Marcus Bolton and Linda Bean. There being no further response to the Mayor’s invitation to speak, the hearing was closed at 8:19 p.m. by Mayor Manos. Planning Manager McHott and Walmart representative Shardlow responded to Council questions regarding electric car charging stations, solar panels, design of building and landscaping, signage utilizing City’s logo, traffic concerns, and drainage concerns. City Manager Yates spoke regarding the reuse of the current Walmart building. Mayor Manos read into the record an additional Condition of Approval in regards to qualifying contractors and subcontractors to exercise their option to obtain a Board of Equalization sub-permit and allocate all eligible sales and use tax payments to the City. Special Counsel Jenson clarified that a modified page 75 of the CEQA findings, related to greenhouse gas issues had been distributed and should be made part of the recommendation on that Resolution. The meeting recessed at 8:52 p.m. and reconvened at 8:59 p.m. noting the absence of Council Member Hickman. Council requested two charging stations to be installed. It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to adopt the Resolution. Prior to the vote, the maker of the motion and the second amended the motion to include the amended page 75 of the CEQA findings. Resolution No. 2015-087: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE LAKE ELSINORE WALMART SUPERCENTER PROJECT (SCH NO. 2014051093), ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to adopt the Resolution. Resolution No. 2015-088: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADOPTING FINDINGS OF CONSISTENCY WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN FOR THE WALMART SUPERCENTER PROJECT. It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to adopt the Resolution with modification to Conditions of Approval to include City identification sign to be constructed in the median, two charging stations, the changes to the haul route as recommended by staff and incorporating the text read into the record previously regarding the additional Condition of Approval related to sales and use tax. Resolution No. 2015-089: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 2013-06 RELATED TO AN OUTDOOR GARDEN CENTER, ARCADE, AND OUTDOOR/SEASONAL DISPLAY OF MERCHANDISE FOR A WALMART SUPERCENTER LOCATED AT THE SOUTHWEST CORNER OF CENTRAL AVENUE AND CAMBERN AVENUE. It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to adopt the Resolution as modified. Resolution No. 2015-090: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING COMMERCIAL DESIGN REVIEW NO. 2013-08 FOR THE DEVELOPMENT OF A NEW WALMART SUPERCENTER LOCATED AT THE SOUTHWESTERLY CORNER OF DEXTER AVENUE AND 3RD STREET. It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to adopt the Resolution incorporating the modified Conditions of Approval. Resolution No. 2015-091: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 2013-08 RELATED TO A FAST FOOD RESTAURANT WITH A DRIVE-THROUGH ON OUTLOT 2 OF THE WALMART SUPERCENTER PROJECT LOCATED AT THE SOUTHWEST CORNER OF CENTRAL AVENUE AND CAMBERN AVENUE. It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to adopt the Resolution incorporating the modified Conditions of Approval. Resolution No. 2015-092: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 2013-09 RELATED TO A FAST FOOD RESTAURANT WITH A DRIVE-THROUGH ON OUTLOT 3 OF THE WALMART SUPERCENTER PROJECT LOCATED AT THE SOUTHWEST CORNER OF CENTRAL AVENUE AND CAMBERN AVENUE. It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to deny the Conditional Use Permit No. 2013-07 related to a Gas Station/Convenience store on Outlot 1of the Walmart Supercenter project. It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to approve the request for the Walmart Supercenter Project Haul Route using segments of Central Avenue and Cambern Avenue between the project site and Interstate 15 subject to the requirements of Lake Elsinore Municipal Code 15-72-065 and a haul route agreement. Public Comments – Non-Agendized Items There was no response by members of the Public to the Mayor’s invitation to speak. City Manager Comments City Manager Yates congratulated everyone who worked on the project and proud of the community. He disclosed that a settlement agreement had been reached with the following employees: Jill Turk, Rocky Gray, Mia Beltran, Guillermo Perez, Cordie Mller, Augie Resendiz, Carrie Hanes and Arline Gulbransen. City Council Comments Council Member Johnson noted that she is excited and thanked staff for their hard work. Council Member Magee thanked staff for their work, the applicant and the Planning Commission for their hard work and the community for embracing the project; requested staff to contact Cal Fire for cost sharing analysis; recognized that the investors at Summerly Golf Course have reopened the course and congratulated them on their investment; and, announced that Dave Oster from the Lake Elsinore Storm organization is leaving for other opportunities and requested he be recognized at the next meeting. Mayor Pro Tem Tisdale thanked everyone on the Walmart project; and, asked everyone to remember France and the recent tragedies that have occurred there. Mayor Manos spoke regarding the gas tanker accident and closure of the I-15 freeway may be for the next two days; reported he was a judge at the Christmas Tree Lane event; announced Winter Fest will be on Saturday, December 5 th; and, stated he is proud of the community’s response. Adjournment The meeting adjourned at 9:20 p.m. to the next Regular meeting of Tuesday, December 8, 2015, at Cultural Center located at 183 N. Main Street, Lake Elsinore. ____________________________ Brian Tisdale Mayor __________________________ Susan M. Domen, MMC Clerk City of Lake Elsinore City Council Meeting Minutes Tuesday, December 8, 2015 Closed Session A Regular meeting of the Council of the City of Lake Elsinore was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at: 5:01 p.m. by Mayor Manos, noting the absence of Council Member Hickman. City Attorney Leibold announced the items that would be discussed in Closed Session. There being no members of the public requesting to speak, the meeting recessed at 5:02 p.m. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov’t Code Section 54956.9: 2 potential cases Call to Order The meeting was called to order at 7:01 p.m. by Mayor Manos. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Manos. Invocation – Moment Of Silent Prayer Mayor Manos requested a moment of silence. Roll Call Present: Council Members Johnson and Magee, Mayor Pro Tem Tisdale and Mayor Manos Absent: Council Member Hickman Closed Session Report City Attorney Leibold listed the item discussed in Closed Session and stated there is nothing to report out. Public Comments – Non-Agendized Items Appearing to speak was: Chris Hyland. Consent Calendar It was moved by Council Member Magee, seconded by Council Member Johnson, and unanimously carried noting the absence of Council Member Hickman, to approve the Consent Calendar. Item Nos. 3, 4 and 5 were removed from the Consent Calendar and are listed below. 1) Warrant List Dated November 12 & 30, 2015 – received and filed. 2) Investment Report for June 2015 – received and filed. 6) A Resolution Confirming New Fiscal Agent for Standby Letter of Credit Related to the Streambed Alteration Agreement No. 1600-2007-0210-R6 – adopted the Resolution. Resolution No. 2015-094: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING A NEW FISCAL AGENT FOR STANDBY LETTER OF CREDIT RELATED TO STREAMBED ALTERATION AGREEMENT NO. 1600-2007-0219-RG 7) Resolution of the City Council of the City of Lake Elsinore Authorizing the City Manager to Establish Agreements with a Depository Institution – adopted the Resolution. Resolution No. 2015-095: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ESTABLISH AGREEMENTS WITH A DEPOSITORY INSTITUTION 8) Prima Facie Speed Limits on Certain Streets in the City – adopted the Resolution. Resolution No. 2015-096: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO SET, MAINTAIN, INCREASE OR DECREASE CERTAIN SPEED LIMITS IN THE CITY AS DETERMINED FROM THE 2015 ENGINEERING AND TRAFFIC SURVEY AND AS REQUIRED BY THE CALIFORNIA VEHICLE CODE 9) Haul Route Application, Dispatch Transportation Railroad Canyon Road/Nichols Road - approved the request for the Haul Route including the hours of operation. 10)Riverside County Mortgage Credit Certificate (MCC) Program Participation –adopted the Resolution. Resolution No. 2015-097: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PARTICIPATION WITH THE COUNTY OF RIVERSIDE MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM 11)Award Public Works’ Construction Agreement to Hellas Construction, Inc. for the Synthetic Turf Purchase and Installation of Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004) - awarded the agreement to Hellas Construction, Inc. for the Synthetic Turf purchase and installation at Rosetta Canyon Sports Park: and, authorized the City Manager to execute the agreement in an amount not to exceed $1,171,779.59. 12)Acquisition City Fleet Replacement Vehicles - authorized the purchase of one, four-wheel drive SUV and three, two-wheel drive SUV vehicles, from National Auto Fleet Group (Contract Number 102811) in the amount of $110,890.42. Items Removed from Consent Council Member Magee requested that Item Nos. 3, 4 and 5 be discussed at the same time. Roy Stephenson, HR Green representative, explained that the maps were ready for approval and that the Applicant requested Item Nos. 4 and 5 to be postponed at this time. Tom Thomlinson, Castle and Cook representative, explained that there is an issue regarding the vested rights in these areas. It was moved by Council Member Magee, seconded by Council Member Johnson, and unanimously carried noting the absence of Council Member Hickman, to approve Item No. 3 and continue Item Nos. 4 and 5 to the January 26, 2016 meeting. 3) Approval of Map 28214-6, Castle and Cooke 1. Approved Final Map No. 28214-6 subject to the City Engineer’s acceptance as being true and correct; and, 2. Authorized the City Clerk to sign the map and arrange for the recordation of Final Map No. 28214-6; and, 3. Authorized the City Manager to sign the subdivision agreement in such form as approved by the City Engineer and City Attorney to secure completion of the public improvements. 4) Approval of Final Map 28214-7, Castle and Cooke This item was continued to January 26, 2016. 5) Approval of Final Map 28214-8, Castle and Cooke This item was continued to January 26, 2016. Public Hearing 13)Extension of Time for Tentative Tract Map No. 33267 The Public Hearing was opened at 7:11 p.m. by Mayor Manos. Planning Manager MacHott provided the staff report, reviewing the Village at Lakeshore Specific Plan and Tentative Map. There being no members of the Public coming forward to speak the Mayor closed the Public Hearing at 7:14 p.m. It was moved by Mayor Pro Tem Tisdale, seconded by Council Member Johnson, and unanimously carried noting the absence of Council Member Hickman, to adopt the Resolution. Resolution No. 2015-098: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 33267. BUSINESS ITEM(S) 14)First Reading of Ordinance No. 2015-1346 Approving the Amendment to the Municipal Code Regarding Busking Permit Ordinance Community Services Director Skinner and Management Analyst Young provided the staff report giving an overview of the Busking permit and program. It was moved by Mayor Pro Tem Tisdale, seconded by Council Member Magee, and unanimously carried noting the absence of Council Member Hickman, to waive further reading and introduce by title only: Ordinance No. 2015-1346: AN ORDINANCE OF THE CITY COUNICL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5, CHAPTER 5.58, PROVIDING FOR THE REGULATION AND PERMITTING OF BUSKING. 15)Cancelling Facilities Special Taxes within Improvement Area B of Community Facilities District No. 2005-2 (Alberhill Ranch) Administrative Services Director Simpson provided the Staff Report. Appearing to speak on the item were: Paulie Tehrani, Sharon Gallina and Tom Tomlinson. It was moved by Mayor Pro Tem Tisdale, seconded by Council Member Magee, and unanimously carried noting the absence of Council Member Hickman, to waive further reading and introduce by title only the Ordinance. Ordinance No. 2015-1347: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CEASING THE FACILITIES SPECIAL TAX OBLIGATION WITHIN IMPROVEMENT AREA B OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH) AND ORDERING THE RECORDATION OF A NOTICE OF CESSATION OF SPECIAL TAX LIEN WITHIN IMPROVEMENT AREA B AND AMENDING ORDINANCE NO. 1163 TO REPEAL THE AUTHORITY OF THE DISTRICT TO LEVY FACILITIES SPECIAL TAXES 16)Community Development Block Grant (CDBG) Allocation for Fiscal Year 2016-2017 Planning Manager MacHott provided the Staff Report. Appearing to speak were: Linda Vilgiate, Fernando Sanudo and Steve Falk. It was moved by Council Member Johnson, seconded by Mayor Pro Tem Tisdale, and unanimously carried noting the absence of Council Member Hickman, to adopt the Community Development Block Grant Program for Fiscal Year 2016-2017 and to approve submittal of the program to the County of Riverside. 17)Annual Reorganization of the City Council to Select the Mayor and Mayor Pro Tem City Clerk Domen opened nominations for the position of Mayor. Council Member Magee nominated Mayor Pro Tem Tisdale. There being no further nominations received, Mayor Pro Tem Tisdale was appointed as Mayor. Mayor Tisdale opened nominations for the position of Mayor Pro Tem. Council Member Manos nominated Council Member Hickman. Mayor Tisdale nominated Council Member Magee. City Clerk Domen requested the vote on Council Member Hickman, he received one vote. She then requested the vote on Council Member Magee, he received three votes. Council Member Magee was appointed as Mayor Pro Tem. Following the vote, Mayor Tisdale presented Council Member Manos with a gift from the Council in recognition of his year as Mayor. Public Comments – Non-Agendized Items Appearing to speak was: Jerry Harmatz. City Manager Comments City Manager Yates wished everyone a wonderful and safe Holiday Season. 18)City Monthly Reports City Attorney Comments City Attorney Leibold wished everyone a happy holiday. City Council Comments Council Member Johnson thanked Council Member Manos for a great year as Mayor; congratulated Mayor Tisdale on his appointment; congratulated staff on a successful Winter Fest; and wished everyone a happy holiday. Council Member Manos congratulated Mayor Pro Tem Magee and Mayor Tisdale on their appointments; stated that Winter Fest was a great event; thanked the Downton Merchants for their participation in the holiday window decorating contest and announced that the winner is Junk Yard Dolls; reminded everyone that Breakfast with Santa will be at Fire Stations Nos. 8 and 97; and, wished everyone a happy holiday. Mayor Pro Tem Magee thanked Council Member Manos for his leadership as Mayor; congratulated Mayor Tisdale; thanked staff for all of the work in the past year; asked for a moment to remember those lost in the tragedy last week; and wished everyone a happy holiday season. Mayor Tisdale recognized Boy Scout Troop 824; announced the Healthy Lake Elsinore (Healthy LE) kickoff will be on December 31st; encouraged everyone to check the City's website for events all year; commented on the loss of 14 lives in the San Bernardino tragedy; thanked the Police Department for their presence at Winter Fest; encouraged everyone to call the Sheriff's office for any suspicious activities; and stated he is looking forward to all of the upcoming holiday celebrations. Adjournment The meeting adjourned at 8:08 p.m. to Tuesday, January 12, 2016, in the Cultural Center located at 183 N. Main Street. The regular meeting of December 22, 2015, was cancelled due to the holiday. ____________________________ Brian Tisdale Mayor __________________________ Susan M. Domen, MMC Clerk Page 1 City of Lake Elsinore City Council Meeting Minutes Tuesday, December 22, 2015 A Regular meeting of the City Council was not held on this day due to the holiday, and therefore, had a lack of a quorum. ____________________________ Brian Tisdale Mayor __________________________ Susan M. Domen, MMC Clerk